SCHOOL BOARD AUTHORITY TO DONATE OR SELL REAL PROPERTY

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September 23, 2020


Request:  May a school district sell a building to a political subdivision for less than its fair market value as part of a dissolution?

Conclusion: A school board has the statutory authority to sell or donate property at less than fair market value as part of a reorganization. A political subdivision may enter into a Joint Powers Agreement to exercise powers that belong to one of the political subdivisions. If neither political subdivision has statutory or home rule authority to donate or sell real property at less than fair market value, a school board may not sell or donate property at less than fair market value to a city as part of a dissolution of a school district through a joint powers agreement.

Opinion: 2020-L-07

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